Bonus Period4

1

A bonus period comprises only days falling on or after 7th April 1997 on which—

a

the applicant or, where the applicant has a partner, her partner is entitled to, or is treated as entitled to a qualifying benefit whether it is payable or not;

b

the applicant has residing with her a qualifying child; and

c

child maintenance is either—

i

taken into account in determining the amount of the applicant’s income for the purposes of the qualifying benefit; or

ii

retained by the Secretary of State in accordance with section 74A(3) of the Social Security Administration Act 19929.

2

Any two or more bonus periods separated by any one connected period shall be treated as one bonus period

3

For the purposes of these Regulations, “a connected period” is—

a

any period of not more than 12 weeks falling between two bonus periods to which paragraph (1) refers;

b

any period of not more than 12 weeks throughout which—

i

no qualifying child resides with the applicant; or

ii

the applicant ceases to be entitled to a qualifying benefit on becoming one of a couple and the couple fail to satisfy the conditions of entitlement to a qualifying benefit; or

c

any period throughout which maternity allowance is payable to the applicant; or

d

any period of not more than 2 years throughout which incapacity benefit, severe disablement allowance or invalid care allowance is payable to the applicant.

4

In calculating any period for the purposes of paragraph (3) no regard shall be had to any day which falls before 7th April 1997.

5

Bonus periods separated by two or more connected periods shall not link to form a single bonus period but shall instead remain separate bonus periods.

6

Where a qualifying child is temporarily absent for a period not exceeding 12 weeks from the home he shares with the applicant, the applicant shall be treated as satisfying the requirements of paragraph (1)(b) throughout that absence.

7

A bonus period which would, but for this paragraph, have continued shall end—

a

where the applicant or, where the applicant has a partner, her partner, satisfies the work condition and claims a bonus, on the last day of entitlement to a qualifying benefit to which any award made on that claim applies; or

b

where the person with the care of the child or her partner dies, on the date of death.